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dr.subramanian (astro/management consultancy)     06 October 2009

anscesstral prperty rights

my father acquired properties from his father( my grand father) and he( my grand father) acquired his share from his father. it means these properties were transferred from children to children from the year 1910 onwards.

in the year 1994 my father  wrote a will in which he has given the properties  to his son( which comprises anscesstral house, landed properties worth 1.5 acres and  all cash balances except Rs 1 lakh to second daughter and a small land of 14 cents to elder daughter.

when propert act was passes in 1976( or so ) all the children are alive. i heard hindu suceesion act gives equal rights to all children whether the daughters can claim for a fresh partion by quashing the will of father as all are entitled to get equal share in the anscesstral property. please enlighten me????

 



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 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     06 October 2009

If the properties are ancestral then all the sons and daughters shall have equal shares in it.

mahesh kumar yadav (Advocate)     07 October 2009

hi this is Mahesh kumar yadav Advocate

as per property laws u have equal share in the property because the property is ancestral property, it s not ur father self acquired property.

dr.subramanian (astro/management consultancy)     07 October 2009

thank u Archana. can u enlighten me with sections of the relevent act

dr.subramanian (astro/management consultancy)     07 October 2009

mr. mahesh. will u please enlighten me with relecvent sections of the acts related to this

Adv Archana Deshmukh (Practicing Advocate)     07 October 2009

S.8 of the Hindu Succession Act deals with the general rules of succession in case of a male hindu dying intestate. Pl read sec 8,9.

dr.subramanian (astro/management consultancy)     08 October 2009

please note, father died after writing  and registering a will. hence whether the wii can be construed as final or the will is invalid????????????

Adv Archana Deshmukh (Practicing Advocate)     08 October 2009

The will is valid for his self acquired property. If a will is made and registered his self acquired property shall devolve as per his will and not as per s.8 of hindu succession act. S.8 of the Hindu Succession Act deals with the general rules of succession in case of a male hindu dying intestate i.e. dying without making a valid will.


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